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Dalton v. State

194 S.E.2d 268, 127 Ga. App. 504, 1972 Ga. App. LEXIS 928
CourtCourt of Appeals of Georgia
DecidedOctober 3, 1972
Docket47499
StatusPublished
Cited by9 cases

This text of 194 S.E.2d 268 (Dalton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dalton v. State, 194 S.E.2d 268, 127 Ga. App. 504, 1972 Ga. App. LEXIS 928 (Ga. Ct. App. 1972).

Opinion

Hall, Presiding Judge.

Defendant appeals from his conviction for driving under the influence of intoxicating liquors and driving without a license.

1. Defendant contends the court erred in charging the substance of Code Ann. § 68-1625.1 (a) (implied consent to chemical tests for alcoholic content) as the subject was irrelevant to any issue before the jury. While we agree that the issue of consent was not a part of this case, we cannot see that the charge was harmful or prejudicial to the defendant or misled the jury in solving the real issues. Griffin Grocery Co. v. Reeves, 127 Ga. 669 (56 SE 751); Spalding Lumber Co. v. Hemphill, 77 Ga. App. 1 (47 SE2d 514).

2. The presumption exists that the judge discharged all his duties, including the swearing of the jury. If in fact this was not done, the appellant’s remedy was to have the record corrected by following the provisions of Code Ann. § 6-805 (f).

3. Defendant’s other enumerations of error are without merit.

Judgment affirmed.

Pannell and Quillian, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
194 S.E.2d 268, 127 Ga. App. 504, 1972 Ga. App. LEXIS 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalton-v-state-gactapp-1972.